Bowe v. City of St. Paul
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Willis, J., sustaining plaintiff’s demurrer to the answer. An officer cannot after the expiration of his term attack the authority under which his salary was reduced and recover a greater rate fixed by some prior act.
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Appeal by defendant from an order of the district court for Ramsey county, Willis, J., sustaining plaintiff’s demurrer to the answer. An officer cannot after the expiration of his term attack the authority under which his salary was reduced and recover a greater rate fixed by some prior act. Love v. Mayor, 40 N. J. L. 456. For the rules determining whether a statute is unconstitutional as special legislation, see Nichols v. Walters, 37 Minn. 264; State v. Cooley, 56 Minn. 540; Alexander v. City, 57 Minn. 47; State v. District Court, 61 Minn. 542. Laws 1895, c. 242, is unconstitutional and…
1Opinion of the CourtCanty, J.
One of the amendments to the charter of St. Paul (passed before the constitutional amendment of 1892 prohibiting special legislation) fixed the salary of the second assistant city (or corporation) attorney at $1,200 per year.
Laws 1895, c. 242, provides that in all cities in this state having a population of over 100,000 inhabitants, and not exceeding 165,000 inhabitants, the common council of the city shall have power
“By a three-fourths vote of all the members thereof to fix and regulate the salaries and compensation of and for any and all of the officers, deputies, assistants, clerks and…
2Cases cited2 opinions
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- State ex rel. City of Duluth v. District CourtSupreme Court of Minnesota · 1895
3Cited by9 opinions
- State ex rel. Anderson v. SullivanSupreme Court of Minnesota · 1898
- Nelson v. City of SuperiorWisconsin Supreme Court · 1901
- State ex rel. Board of Education v. MinorSupreme Court of Minnesota · 1900
- State ex rel. Bazille v. SullivanSupreme Court of Minnesota · 1898
- State ex rel. Wagener v. SullivanSupreme Court of Minnesota · 1898
4 more not listed; retrieve them via the Exa API.